Kohlhagen v. Cardwell
Oregon Supreme Court
From Douglas: James W. HamiltoN, Judge. Department 2. This is a very remarkable and unusual case. 'The plaintiff sues upon a promissory note.
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From Douglas: James W. HamiltoN, Judge. Department 2. This is a very remarkable and unusual case. 'The plaintiff sues upon a promissory note. The defendants admit the note hut claim to have paid the same by the delivery of 36 head of hogs, weighing 7,772% pounds, at the market price of 15 cents per pound, amounting to the total of $1,165.87. The plaintiff denies this payment in toto, and denies that he ever received 36 hogs, or any hogs at all, from the defendant at the time in question, or upon the debt in question. The defendant is corroborated in bis claim, that be delivered the bogs, by…
1Opinion of the CourtBennett, J.
1. We think there was no error in permitting the witness, Alice Mann, to testify as to whether or not the hogs could have been in the shop without her seeing them. This, of course, was in some sense a conclusion; hut whether they could have been there and escaped her observation depended on a great number of small details — the general course of business — the place where hogs were hung — the arrangement of the building and position of windows and doors therein — her own position in the building — her own habits of observation and alertness of mind and the extent to which she kept the…
2Cases cited6 opinions
- Davis v. StateNebraska Supreme Court · 1897
- County of Sonoma v. StofenCalifornia Supreme Court · 1899
- Leonard v. Southern Pacific Co.Oregon Supreme Court · 1892
- Town of Cavendish v. Town of TroySupreme Court of Vermont · 1868
- Crawford v. AbrahamOregon Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. DeZelerSupreme Court of Minnesota · 1950
- State v. CypherIdaho Supreme Court · 1968
- State v. CaseyOregon Supreme Court · 1923
- State v. HolbrookOregon Supreme Court · 1920
- State v. HendersonOregon Supreme Court · 1947
15 more not listed; retrieve them via the Exa API.